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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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My commercial tenant reported me to the police on a number

Customer Question

My commercial tenant reported me to the police on a number of occasions with bogus charges. I was arrested but not charged. The police dropped the investigation when they realised the tenant had lied. The tenant supplied the police with a copy of a lease as evidence against me. The police have just given me a copy of this lease by mistake and my signature on this lease is forged. The police still have the copy that the tenant supplied to them. Is this fraud and perverting the course of justice???
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I have a commercial tenant who I have been in dispute with for a number of months. Matters came to a head in December last year and I decided I would evict him for various breaches of his lease. When I checked his paperwork I could only find an unsigned copy of the lease. I was not confident in taking him to court without a lease. His solicitor wrote to me in December and referred to a lease agreement between ourselves dated Sept 2013. I immediately informed his solicitor that there was certainly no lease for this date as the lease I had signed and misplaced started in 2012. I have asked for this lease from his solicitor many times over the past six months as this would obviously resolve the issues we have been arguing over. His solicitor either ignores the requests or refuses to give me a copy. On February third 2014 I sent his solicitor a letter stating that I was going to inspect the site and as the tenant had knocked down a building on the site I was going to report him for criminal damage. I went to the site on the six of Feb to carry out the inspection and left the site. That evening I was arrested at my home for criminal damage and spent the night in the police cells. A couple of days later he made a further complaint that I had intimidated a witness which I was again arrested for and spent another night in the cells. When it was plain that the police investigation was going nowhere and the police actually told me they did not believe his story he struck again. He reported me for sending text messages to him. Driving past his house and blocking his access to the site. He really over egged the pudding this time. It transpired that he had moved to within 100 yards of my own home where I have lived for 25 years just so he could make these claims. I have to drive past his house to get to mine!!!! Also turned out that he had organised with another tenant on site to move a container so he could say I did it. Unfortunately for him I had a letter from his solicitor stating that he was moving the container so obviously the police disregarded this as well. Finally he then stated that I had not sent texts and he was mistaken. I wanted him prosecuted for wasting police time and perverting the course of justice. The police informed me that this was very hard to prove and they would not pursue it.He also reported me many times while I was on bail for entering his premises. The part of the property I entered was in fact the communal car park and the police insisted that we both produced our leases etc to prove it was either a communal area or his leased area. I produced my head lease which actually states that this area must be used for acces and parking. He produced a lease which he told the police that I must not see as it was subject to civil proceedings. In fact at the time the police told me that the lease did not contain my signature.i proved it was a communal car park and he was told that I was allowed to use it. I had property confiscated when I was arrested and when I got it back the police accidentally gave me a copy of the lease he supplied.when I checked it I noticed that it did have a signature for me but quite clearly not signed by me. Surely this is fraud and as he supplied it to the police as evidence it is perverting the course of justice ? I have other evidence that he has lied and feel he should not be allowed to get away with the distress he has caused me.
Expert:  Jo C. replied 3 years ago.
So, in short, you say he forged your signature?
Customer: replied 3 years ago.
Yes. Also been witnessed so more than one person involved.
Expert:  Jo C. replied 3 years ago.
Thats a forgery then.

It may also be a oerverting. You cannot force the police to prosecute though. I'm afraid its very hard to prove and also its rare that the police prosecute for public interest reasons.

But, in principle, this is an offence.

Can I clarify anything ? I will reply in the morning now if thats ok?

Jo
Jo C. and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Good Morning. What is the actual offence the tenant has committed ? Is it conspiracy as more than one person is involved? What are my options if the police do not want to act. ???

Customer: replied 3 years ago.

I have an email telling me you responded this morning but I cant see your response.

Expert:  Jo C. replied 3 years ago.

If the police refuse to act then there is very little that can be done.

You could complain but that will not change their view.

You could take out a private prosecution but be prepared for CPS to take it over and drop it.

If he forged your signature then that is forgery.
Customer: replied 3 years ago.
Thank you
Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.